[HISTORY: Adopted by the Board of Commissioners (now Council) of
the Town (now Township) of Montclair 4-15-1980 by Ord.
No. 80-12 as Art. VIII of Ch. 88 of the 1979 Code. Amendments noted
where applicable.]
A.
BOARDINGHOUSE
RELATED BY BLOOD OR MARRIAGE
ROOMING HOUSE
As used in this chapter, the following terms shall have
the meanings indicated:
Any building in which four or more persons not related in direct
line by blood or marriage to the owner or operator of such business are lodged
and served with meals from one kitchen by the owner or operator for a valuable
consideration. For the purpose of this chapter, convents or nurses homes connected
with a hospital shall not be included as boardinghouses under this definition.
Includes only a husband, a wife, sons (and their wives), daughters
(and their husbands), parents, grandparents, great-grandparents, grandchildren,
great-grandchildren and legally adopted children.
A building wherein furnished rooms are rented for a valuable consideration
to four or more persons not related in direct line by blood or marriage to
the owner or operator of such rooming house.
B.
Bona fide employees of the owner or operator, living
in and working full-time on the premises, will not be included in the number
of persons permitted in either a rooming or boarding house.
No person shall manage, conduct, own or operate the business of keeping
a boardinghouse or rooming house without first having obtained a license therefor
as hereinafter provided.
A.
Application for a license under this chapter shall be
made in writing to the Building Inspector on forms to be provided by him or
her and shall be accompanied by the license fee hereinafter specified. The
application shall accurately state:
(1)
The number of rooms in the house.
(2)
The number of rooms to be let to boarders or lodgers.
(3)
The number of boarders or lodgers to be accommodated
at maximum capacity.
(4)
The location of the proposed business.
(5)
The names of the owner and of the operator of the premises
where the business is proposed to be carried on.
B.
The application shall include an agreement by the applicant
to require each occupant of the house not related in direct line by blood
or marriage to the owner or operator to register his or her name in a book
open to public inspection, together with the date of the beginning of his
or her occupancy.
After receiving an application for a license, the Superintendent of
Building Inspections or his or her representative shall inspect the premises.
No license shall be issued by him or her unless the following requirements
are met:
A.
The building shall have a minimum of one complete bathroom
with water closet, lavatory and tub or shower bath on each floor having sleeping
rooms, except that no bathroom will be required on the third floor unless
there are more than two sleeping rooms; provided, however, that in any case
there must be at least one complete bathroom for every eight persons or portion
thereof residing in the building. Each bathroom shall be accessible to the
occupants from their respective sleeping rooms without the necessity of passing
through the sleeping room of any other occupant in the building.
B.
If any floor above the second floor of any building is
used for sleeping purposes by any persons, each such floor above the second
floor shall be provided with at least two exits to the ground, each remote
from the other and accessible without passing through any bedroom, bathroom
or other private area, one of which said exits may be an outside metal fire
escape. The stairway or ladder leading to the ground from the lowest landing
of any such outside fire escape shall be permanently fixed at the ground.
All requirements pertaining to such exits and outside fire escapes as are
set forth in the Basic Building Code and other applicable ordinances of the
Township of Montclair,[1] as well as other applicable state and county laws and regulations,
must also be complied with.
C.
Cooking appliances.
(1)
In any room or group of rooms occupied by one or more
persons or by one family in a rooming house, there shall be only one electrical
outlet used or usable for cooking purposes. Only one single burner electrical
cooking appliance having an electrical demand of not over 1,000 watts shall
be connected to this outlet at any one time, and no appliance with an oven
or similar attachments shall ever be connected. With respect to this outlet
and the electrical supply to it, the owner or operator of the establishment
or the tenant shall have and exhibit upon request a written approval for such
use in the form of a certificate issued by the Middle Department of the National
Board of Fire Underwriters, according to the National Electrical Code for
Electric Wiring and Apparatus.
(2)
All electrical cooking appliances in use shall be located
on a noncombustible base of gypsum board not less than 3/4 of an inch thick
and surfaced with a nonabsorbent material or on materials furnishing equivalent
fire resistance. All horizontal surfaces under or adjacent to the appliance
must be of metal or other nonabsorbent material. The use of sheet metal on
combustible material is prohibited. Fixtures and appurtenances of combustible
materials and all walls 15 inches or less from any part of an electrical cooking
appliance shall be insulated with noncombustible materials. Electrical cooking
appliances shall not be used or installed in any location where curtains,
drapes or similar furnishings may come in contact with a heating element.
D.
Inspections for compliance with fire and health regulations.
(1)
The Superintendent of Building Inspections shall request
the Chief of the Fire Department or an authorized member of the Fire Department
to inspect the premises for compliance with the Fire Prevention Code.[2] If after inspection by said Chief a fire hazard is disclosed by
such inspection as arising by reason of the occupancy which is proposed in
the building for which a license is sought, the license shall not be issued;
provided, however, that the applicant, upon his or her written request, directed
to the Fire Chief, shall have opportunity to be heard with respect to the
nature and extent of the fire hazard.
(2)
The Superintendent of Building Inspections shall request
the Health Officer to inspect the premises for compliance with the Health
Code of the Township of Montclair.[3] If after inspection by said Health Officer a health hazard is
disclosed by such inspection as arising by reason of the occupancy which is
proposed in the building for which a license is sought, the license shall
not be issued; provided, however, that the applicant, upon his or her written
request, directed to the Health Officer, shall have opportunity to be heard
with respect to the nature and extent of the health hazard.
E.
Whenever requested by the Superintendent of Building
Inspections, any applicant or licensee shall file with the Building Department
a certificate issued by the Middle Department Association of Fire Underwriters,
certifying that all wiring in the building is adequate for the purposes for
which used.
F.
Occupancy by disabled persons.
(1)
Occupancy by a person who is bedridden or disabled to
the point of requiring special care is prohibited. The operator of the building
is required to report such person to the Building Department, which shall
thereupon request the Health Department to investigate the report.
(2)
Whenever the Health Department believes that an occupant
is bedridden or disabled, the Health Officer may require that the person produce
within 48 hours a physician's certification that the person is neither
bedridden nor seriously disabled and that he or she is ambulatory and capable
of taking care of himself or herself. If the person is unable to produce such
a certificate, the Health Department shall order the person to vacate the
premises within 24 hours and shall advise the Building Department as soon
as the order has been complied with.
G.
There shall be present on the premises at all times a
qualified adult who shall be in charge of and responsible for every rooming
and boarding house, and the name of this adult shall be on file with the Building
Department and the Health Department.
H.
Night-lights shall be provided in all common areas leading
to bathrooms and stairs.
I.
In all boardinghouses where food is prepared, the premises
shall also be subject to the regulations and requirements of the Health Code
and shall be supervised by the Health Officer as well as the Superintendent
of Building Inspections.
J.
If the operator of any rooming house does not allow any
cooking in individual rooms, said operator may subject to requirements of
the Health Department and the Fire Department, establish within the building
a community kitchen in which the roomers may do their own cooking.
K.
Every operator shall provide bedding, mattresses, bed
linens, blankets, pillows and towels for all occupants. All such items shall
be kept in a clean and sanitary condition. Fresh, clean bed linens and towels
shall be supplied for each new occupant at the commencement of the term of
occupancy and fresh, clean bed linens and towels shall be provided at least
once a week.
L.
Each rented sleeping room shall contain within itself
a clothes closet, portable wardrobe or other means of hanging the clothing
of the occupant within an enclosed compartment.
M.
No room used for sleeping shall be occupied by more than
two persons, except that for the purpose of this subsection a child under
one year of age shall not be counted.
Licenses shall be issued for a term of one year, commencing on the first
day of June of each year and expiring on the 31st day of May next succeeding
the issuance of said license. Licenses issued after the first day of June
in any year shall expire on the 31st day of the succeeding May.
The fee for a license shall be $25 per year.
Any building licensed as a boardinghouse or rooming house under this
chapter may be inspected from time to time by the Superintendent of Building
Inspections, the Health Officer or their representatives, and by any officer
of the Fire Department, to determine whether said building complies with the
provisions of this chapter and all other applicable laws, regulations and
ordinances of the Township of Montclair, the State of New Jersey and all bodies
or agencies having jurisdiction.
Any license issued under this chapter may be suspended or revoked by
the Director of the Department of Public Works or the Director of the Department
of Parks and Public Property, after hearing on notice, for violation of the
terms of the license, for violation of any township ordinance or regulation
for violation of any state statute, for violation of the applicable rules
or regulations of any other public agency or body, for making false statements
in the application for a license or for failing to promptly notify the Superintendent
of Building Inspections of any change of circumstances regarding data supplied
on the license application occurring after the filling of the application
for a license and before the end of the license year.
[Amended 5-23-2000 by Ord. No. 00-19; 4-10-2007
by Ord. No. 07-17]
Any person who violates any provision of this chapter shall, upon conviction
thereof, be punished by a fine not exceeding $2,000, imprisonment in the county/municipal
jail for a term not exceeding 90 days, or a period of community service not
exceeding 90 days, or any combination thereof as determined by the Municipal
Court Judge. Each day on which a violation of an ordinance exists shall be
considered a separate and distinct violation and shall be subject to imposition
of a separate penalty for each day of the violation as the Municipal Court
Judge may determine.
